Experian saying they've already verified an item so they won't reinvestigate is not a reason enough to sue them. Give us more details on the disputed tradeline, like ... what is it about ... did EX say your dispute is frivolous or irrelevant?
Demand a validation from OC or CA. It is not in Experian best interest for you to have "good" credit.
Although it is against most advice here, whenever I have difficulty with Experian reinvestigating an item, I *call* them. I tell them what is wrong about the item and how it is obvious to anyone with intelligence that the item cannot be correct! I also remind them that the FCRA requires them to ensure "maximum possible accuracy" and that I want it put in dispute. That usually works. I am not sure about your tradeline's data so you may have to slightly alter what you tell them. Mine said 4/03 = 30 days late, 5/03 = 90 days late. I pointed out to the rep that unless they changed the calendar, April did NOT have 60 days in it so this listing cannot possibly be right! Another time, I pitched a fit on a "not mine" account. I asked the rep "what the heck am I SUPPOSED to do?!?!? This is NOT mine!!!!" They put it in dispute and it was gone 30 days later.
vghost: PREVIOUSLY INVESTIGATED is Experians less than frivelous rejection for anything that they have looked at once, or twice, for any reason. They don't even say its frivelous, because then they have to say what the consumer needs to provide to have them redispute it... Now, there are two things that you can try if you are dealing with a stubborn Ex listing. Manual Verification -- would you take a look at this crap that they are trying to say verifies this account. or Original Creditor Verification -- even the original creditor says that i don't owe them anything.
I tried to add this but missed the 15 minute window... That is the cause of action for an ITS, because Experian, in willfull and knowing violation of the Fair Credit Reporting Act, refuses to accept verification requests in accordance with the FCRA, *AND* at the same time refuses to declare those same verification requests as being frivelous, since doing so requires that they provide the consumer with whatever documentation that they would need to provide to Experian to have Experian begin another dispute of the tradeline.
It really surprises me that there's not a class action lawsuit on this issue against Experian. The only cause to refuse to investigate under the FCRA is if a dispute is frivolous, and that requires a notification under 611 (a) (3). There's no way that could stand up in court...makes me think they're really thumbing their nose at their obligations.
You have two choices....keep trying (sending the ITS can be part of that)...I've also had some success with that SCMom5 did...or you can file suit. People have had success suing EXP, and some people have gotten knocked around and harassed. You better strap on your stainless steel cup when going into battle against them. A great chance to play David. The law is on your side...if you can fight the good fight.
my name is not david. But when you send an intent to sue letter, can the credit bureaus sue the consumer.
Not for an ITS. If you file suit and if they were able to show the suit was filed in bad faith or for harassment, they can collect attorney's fees.
"A great chance to play David" - AtlantaGA DAVID AND GOLIATH _ One day, David took some food to his brothers who were at the Israelite camp. While David was there, he heard a Philistine man named Goliath saying bad things about his army. Goliath yelled over to the Israelitesâ?? camp. He told them to send someone over to fight him. If anyone could come over and kill him, he said the Philistines would surrender and be the Israelitesâ?? slaves. The Israelites were afraid of Goliath because he was over nine feet tall! But David wanted to prove that his army could defeat Goliath. David picked up five stones from a stream. He took the stones and his sling and ran quickly toward Goliath. Goliath just laughed. David took one of the stones, put it in his sling, and threw it into the air. The stone hit Goliath on his forehead, and he fell facedown onto the ground. Goliath was dead.
Close. Please see 1 Samuel 17:26,36,45-47. David was more interested in preserving God's name than worrying about the armies of Israel.
